but, you know, he’s avoiding the issue of mutual recognition (or whatever it’s called, it’s not that), that is if you get married in one state all the other 49 recognize your marriage. This was what DOMA was intended to protect. So, in this particular instance saying:leave it up to the states doesn’t really suffice.
also, let’s not forget the Federal tax filing status, soc. sec. benefits and all the rest that is not answered by saying “leave it up to the states”.
But, my gut feeling is we are stuck with gay marriage now, so in return I was legal pot and the right to refuse to participate in gay marriage as a vendor.
DOMA was struck down by Justice Kennedy who ignored laws and traditions to inject his own personal view in the question of marriage. He was wrong and his ruling will be voided in time.
DOMA was not needed although its sponsors thought otherwise. If marriage definition was left to states, it does not require federal resolution to rectify inconsistencies or clear distinctions in the various state definitions. Federal government is only brought in to regulate interstate commerce and marriage is not commerce.
However, contracts between people are under the jurisdiction of federal courts as such contracts may be construed as commerce. Real and personal property, debts are carried forward in marriage to divorce and probate.
But these matters although carried forward by marriage need not be adjudicated as carried forward by marriage; they can be treated as civil contracts. For those choosing perverted lifestyles recognized in one state as civil union or domestic partnership or in the bizarre sense as marriage, such states that do not recognize same-sex marriage can and must recognize the domestic partnership in the same manner as marriages.
And this was the case that was ignored by Justice Kennedy who should be admonished and sanctioned. And that is possible to do within federal government or an Article V Convention of States. Kennedy is an unelected tyrant.
The notion of ‘marriage’ between homosexuals makes a mockery to rational sensibilities, encroaches on religious liberties and opens Pandora’s box to all forms of perversion.
Should one or more states bizarrely define marriage as between consenting adults or among consenting adults, and possibly later between a minor and an adult and so on, then other states that define marriage to be between one man and one woman can treat the bizarre marriage certificate from another state in the manner of a civil union and dispense with contract matters under laws of domestic partnership.
There is no conflict with states defining marriage as they wish as long as they handle bizarre migrations according to contract law. This was argued before the court and it was a solid argument showing with certainty that homosexuals were not damaged by differing definitions. But Justice Kennedy decided to inject his personality into the mix rather than resolve the confusion as a jurist should do. He has created more confusion, coercion that has led to violations of fundamental rights. His Windor decision is no less than Roe v. Wade in impact. Such decisions have resulted in anger, frustration and confusion on many levels. The social angst and buildup of pressure will find an outlet. Justice Kennedy should hope he’s in retirement before it blows but I think it will happen sooner. It will not be violent. It will be legislative. But he will feel the blow back for sure.